Hawaii Traffic Laws: Points, Tickets, License Suspension and DUI

No points are listed. Ordinary speeding is a civil traffic infraction with a monetary assessment. Excessive speeding (30 mph or more over the limit, or 80 mph or more regardless of the limit) is a petty misdemeanor: for a first offense in five years, a $500 to $1,000 fine, a 30-day license suspension (or at least 15 days plus limited work driving for the rest), a driver retraining course, and either 36 hours of community service or 48 hours to 5 days in jail.

Hawaii courts may require a driver found to have committed a traffic violation to attend a driver retraining course, in addition to other penalties, and penalties for traffic infractions can include attendance at a driving school. No program was found that lets a driver dismiss a ticket by taking a course.

Respond to a moving citation within 21 days of the issue date, or the court may enter a default judgment. Pay online through eTraffic, by phone at 800-679-5949, by mail to the District Court on the island where you were cited (use the preprinted envelope if you have one), or in person at any district court, by Visa or MasterCard, check or money order (no cash; $25 charge for dishonored payments). Unpaid default judgments go to a collection agency after 90 days ($500 or less) or 180 days (over $500), and failing to pay within 30 days can result in a driver's license stopper.

A court-imposed driver's license stopper prevents you from getting or renewing a license; it can be imposed for failing to respond to a citation or summons, failing to appear, or not complying with a court order. To clear it, pay in full the amounts ordered in all underlying cases and comply with all court orders (such as a driver education class). A default judgment behind the stopper may be set aside by filing a Motion to Set Aside the Default Judgment within 90 days with an appearance bond equal to the amount ordered; the stopper is lifted when the bond is posted. A traffic abstract shows moving violations and convictions.

Respond within 21 days of the citation issue date. Options: admit and pay (by mail, in person at any district court, online through eTraffic, or by phone at 800-679-5949); deny and either request a hearing or submit a written statement; or admit but explain mitigating circumstances at a hearing or in writing. If you disagree with the judge's decision after a hearing or written statement, you may request a trial de novo or appeal within 30 days. If you do not respond within 21 days, the court may enter a default judgment; unpaid judgments go to collections after 90 or 180 days, and not paying a default judgment within 30 days places a 'stopper' on the driver's license record. A driver who cannot pay can ask the court to consider ability to pay, including community service.

Suspension or revocation results from court sentences and administrative actions rather than points, including OVUII (impaired driving) and test refusal, excessive speeding (30 days for a first offense), and underage drinking and driving (180 days). Not paying a default judgment on a traffic citation within 30 days places a stopper on the driver's license record. Moving violations and convictions appear on the person's traffic abstract.

0.08 grams per 100 mL of blood or per 210 liters of breath. Drivers under 21 may not drive with any measurable amount of alcohol.

For a first OVUII offense (none in the prior ten years), sentencing is without probation or suspension of sentence and includes a 14-hour minimum substance abuse rehabilitation program; license revocation of 1 year to 18 months; an ignition interlock device on all vehicles operated during revocation; one or more of 72 hours of community service, 48 hours to 5 days in jail, or a $250 to $1,000 fine; and surcharges. Administratively, a driver with no prior alcohol or drug enforcement contact in ten years receives a 1-year revocation with an ignition interlock.

If a person refuses a breath, blood or urine test after being informed of the right to refuse and the sanctions, the administrative revocation is 2 years (no prior alcohol or drug enforcement contact in ten years), 4 years (one prior) or 8 years (two or more priors).

10 years. Repeat-offense criminal penalties apply to an offense within ten years of a prior OVUII conviction, and administrative revocation periods count prior alcohol or drug enforcement contacts in the preceding ten years.

During an OVUII revocation, the driver must keep an ignition interlock in all vehicles operated, which allows continued driving under an ignition interlock permit. A court may also issue a separate permit to drive an employer-owned vehicle without an interlock if the job requires driving and the driver would otherwise be fired, supported by sworn statements from the driver and employer. For excessive speeding, the court may allow limited work-related driving for part of the 30-day suspension.

No one may drive while using a mobile electronic device (holding it while driving), including when stopped in traffic or at a light; using it solely for a 911 call is a defense. Drivers under 18 may not use even a hands-free device, except for 911. Drivers completely stopped off the road with the engine off are exempt.

'Habitually operating a vehicle under the influence of an intoxicant' is a class C felony. It applies when a person drives under the influence (or with a .08 or higher alcohol level) after having been convicted two or more times of OVUII within the 10 years before the new offense, or once of the habitual offense within 10 years. The sentence is either an indeterminate 5-year prison term or 5 years of probation that includes a 3- to 5-year license revocation with ignition interlock, at least 10 days in jail and a $2,000 to $5,000 fine. Convictions that have been expunged by pardon, reversed or set aside do not count.

Yes. Hawaii law allows county police departments to run 'intoxicant control roadblock' programs. Each roadblock must stop all vehicles or vehicles chosen in a set numerical pattern, stay at a fixed location for no more than 3 hours, be properly lit and staffed by uniformed officers, and give advance warning of its purpose with signs, flares or similar means. The Hawaii Supreme Court has held that the law does not let officers chase and detain drivers who lawfully avoid a checkpoint.